76TH CONGRESS 3d Session } SENATE { REPORT No. 1755 FRANK E. SHANKS, AS LEGAL GUARDIAN OF ISOBELL SHANKS, A MINOR JUNE 5 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. CAPPER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 6548] The Committee on Claims, to whom was referred the bill (H. R. 6548) for the relief of Isobell Shanks, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2235, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2235, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 6548) for the relief of Isobell Shanks, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Line 5, after the word "to", insert "Frank E. Shanks, as legal guardian of". Line 6, strike out the sign and figures "$10,000" and insert in lieu thereof "$3,500". Line 9, strike out the words "the said" and insert in lieu thereof "his minor daughter". At the end of the bill add: ": Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000." The purpose of the proposed legislation is to pay to Frank E. Shanks, as legal guardian of Isobell Shanks, of Waveland, Ind., the sum of $3,500 in full settlement of all claims against the United States on account of personal injuries sustained by his minor daughter, Isobell Shanks, when the automobile in which she was a passenger was struck on June 24, 1938, near Waveland, Ind., by a truck owned by the Civilian Conservation Corps and operated by an employee of the corps. STATEMENT OF FACTS On June 24, 1938, Mr. William E. Search was driving his automobile in a northeasterly direction on a county road about 1 mile north of Waveland, Ind. Mr. Search had with him as passengers, his three daughters and Isobell Shanks, aged 9 years. Mr. Search was proceeding on his proper side of the road at a speed of about 15 miles per hour. At the same time a one-half ton truck in the service of the Civilian Conservation Corps was being driven by Oliver Morgan in the opposite direction and in the middle of the road around a curve (left for the Government driver). Due to high weeds growing on the roadside the vision of the Government driver was obscured and he failed to see Mr. Search's car approaching until it was too late to avoid an accident. The two vehicles collided head-on and caused serious injuries to the Shanks girl. Immediately after the accident Isobell Shanks was taken to Culver Hospital where an injury to her head was dressed. Extreme nervousness, nausea, pain, and swelling of her head indicated fracture. An X-ray picture revealed a comminuted stellate fracture of the right temporal bone and laceration of the scalp just in front of and above the right ear. A statement made by Miss Shanks' doctor on July 10, 1939, read in part as follows: "Her recovery is yet incomplete. Her nervous condition abnormally excitable, is entirely a result of this accident. She has a very noticeable disarrangement of a portion of the right temporal bone. "Her present condition caused by the injury is such that she has been refused insurance. Recovery might eventually be complete, but there is room for doubt on this point at present." It will be noted that this statement of Dr. James S. Noblitt was made more than a year after the date of the accident, and that he expresses doubt as to the possibility of the child ever completely recovering. Furthermore, the fact that insurance has been refused her indicates that the child is not in good shape at the present time, nor is she likely to be for some time in the future, if at all. Mr. Shanks, the father of the injured child, submitted to the War Department bills for actual medical and hospital expenses amounting to $178. In view of the expenses already undergone and the likelihood of considerable disability for some time to come, it is the opinion of your committee that the amount of $3,500 should be awarded to Mr. Shanks, as legal guardian of his daughter, Isobell. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. Kennedy, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, July 17, 1939. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given the bill H. R. 6548, Seventy-sixth Congress, first session, for the relief of Isobell Shanks, which was transmitted to the War Department under date of June 21, 1939, with request for information and views of the Department relative thereto. The purpose of the proposed legislation is to pay to Isobell Shanks, of Waveland, Ind., the sum of $10,000 in full settlement of all claims against the United States on account of personal injuries sustained by her when the automobile in which she was a passenger was struck on June 24, 1938, near Waveland, Ind., by a truck operated in connection with the Civilian Conservation Corps. On June 24, 1938, a Government vehicle on official business and operated in connection with the Civilian Conservation Corps activities of the War Department, was proceeding in the middle of the road in a southwesterly direction around a curve (left for Government driver), on a county road about 1 mile north of Waveland, Ind., at a speed of about 25 miles per hour. Mr. William E. Search, driving a car owned by himself and Alice Haisot Search, with Isabel Shanks, age 9 years, among others was proceeding on his proper side of the road, in the opposite direction, at a speed of about 15 miles per hour. Due to high weeds growing on the roadside, the vision of the Government driver was obscured and he failed to observe Mr. Search's car approaching until it was too late to avoid an accident. The two vehicles collided, thereby causing Miss Shanks to suffer a small laceration of the scalp just in front of and above the right ear, and a fracture of the right temporal bone. Miss Shanks was examined by an Army medical officer and two civilian physicians on November 7, 1938, who reported that on that date they found the laceration had left no visible scar and the fracture had healed in a normal manner, and that there would be no future treatment needed, nor future pathological conditions developed by her as a result of the injuries she sustained in this accident. Mr. Frank E. Shanks, the father of Miss Isabel Shanks, presented a claim to the War Department in the amount of $10,000 and in support of his claim presented bills for medical and hospital expenses amounting to $178 incurred by him as a result of this accident. Upon review of the claim by the War Department it was determined that the proximate cause of the accident was the negligence of the Government driver in that he was proceeding in the middle of the road around a blind curve, thus encroaching on the right-of-way of the civilian car. The claim for medical and hospital expenses was determined to be properly for approval under the provisions of the act of June 28, 1937 (50 Stat. 319), provided the claimant would agree to accept the amount of $178 in full satisfaction and release of his claim against the Government for such hospital and medical expenses, there being no authority of law or appropriation available to the War Department to settle claims for personal injuries other than for such limited expenses as indicated above. This amount Mr. Shanks has declined to accept. In view of the above, it appears that as a result of the negligence of the driver of the Government vehicle Mr. Shanks has suffered some expenses as a result of this accident, and that Miss Shanks has suffered personal injuries for which they have not been compensated. While the War Department is not prepared to pass upon the precise degree of injuries sustained or the amount that should be allowed under the circumstances, it will interpose no objection to the enactment of legislation to compensate them in such amount as the Congress may deem proper to allow. Sincerely yours, HARRY H. WOODRING, Secretary of War. WAVELAND, IND. On June 24, 1938, I was called to the scene of an automobile accident north of Waveland to render aid to the injured, among them Isobel Shanks. I took her to Culver Hospital where her head injury was dressed. Extreme nervousness, nausea, pain, and swelling of her head indicated fracture. An X-ray picture revealed the following: Comminuted stellate fracture of the right temporal bone and laceration of the scalp just in front and above the right ear. Her recovery as yet is incomplete. Her nervous condition, abnormally excitable, is entirely a result of the accident. She has a very noticeable disarrangement of a portion of the right temporal bone. The enclosed photostatic copy of the X-ray picture is a very poor reproduction of what the original reveals. Her present condition caused by the injury is such that she has been refused insurance. Recovery might eventually be complete but there is room for doubt on this point at present. JAMES S. NOBLITT, M. D. Subscribed and sworn to before me this 10th day of July 1939. [SEAL] My commission expires January 3, 1942. J. K. MILLIGan, Notary Public. STATEMENT OF WILLIAM E. SEARCH WAVELAND, IND., July 28, 1939. Subject: Automobile collision causing injury to Isabel Shanks. 1. On June 24, 1939, about 8:45 a. m., I was driving my own automobile on a county road about 1 mile north of Waveland, Ind. In the car with me were Isabel Shanks and my three daughters-Marion, Pauline, and Virginia. 2. On turning a curve while traveling at a speed of approximately 15 miles per hour and on my right side of the road, my automobile was struck, head on, by the United States Army Civilian Conservation Corps truck, stationed at Civilian Conservation Corps camp SCS-3, Waveland, Ind., and driven by Enrollee Oliver Morgan. 3. Among the occupants of my car who were injured was Miss Isabel Shanks, who, according to medical reports, received a stellate fracture of the skull. 4. All investigations conducted by the United States Army and Indiana State police officials proved conclusively that the driver of the truck was to fault for the accident. WILLIAM E. SEARCH. Subscribed and sworn to before me this 29th day of July 1939. [SEAL] THEO. N. JOHNSON, Notary Public. My commission expires September 10, 1942. JULY 29, 1939. Subject: Wreck involving William E. Search's car and Civilian Conservation Corps camp truck, about 1 mile north of Waveland, Ind., 9 a. m., June 24, 1938. 1. I, Harry Machledt, operator of local undertaking business and ambulance service in and about Waveland, Ind., was called to the scene of this wreck immediately. 2. My observations, position of cars, extent of injuries of occupants, clearly indicated that the driver of Civilian Conservation Corps camp truck was on the wrong side of the road at the time of collision and was driving at a fast rate of speed while negotiating a dangerous curve. HARRY MACHLEDT. Subscribed and sworn to before me this 29th day of July 1939. [SEAL] THEO. N. JOHNSON, Notary Public. My commission expires September 10, 1942. WAVELAND, IND., July 29, 1939. Subject: Wreck involving Civilian Conservation Corps camp truck and William E. Search's car, 1 mile north of Waveland, Ind., at 9 a. m., June 24, 1938. 1. I, Rollo Lamson, was among the first to arrive at the scene of the accident and the position of the cars clearly indicated that the driver of the Civilian Conservation Corps camp truck was on the wrong side of the road at the time of the collision while negotiating a curve where vision was not clear. ROLLO LAMSON. Subscribed and sworn to before me this 29th day of July 1939. [SEAL] THEO. N. JOHNSON, Notary Public. My commission expires September 10, 1942. WAVELAND, IND., July 29, 1939. Subject: Wreck involving Civilian Conservation Corps camp truck and William E. Search's car, 1 mile north of Waveland, Ind., at 9 a. m., June 24, 1938. 1. I, Frank Gardner, was among the first to arrive at the scene of the accident and the position of the cars clearly indicated that the driver of the Civilian Conservation Corps camp truck was on the wrong side of the road at the time of the accident. FRANK GARDner. Subscribed and sworn to before me this 29th day of July 1939. [SEAL] THEO. N. JOHNSON, Notary Public. My commission expires September 10, 1942. WAVELAND, IND., July 29, 1939. Subject: Wreck involving William E. Search's car and Civilian Conservation Corps camp truck driven by Enrollee Oliver Morgan, June 24, 1938. 1. I, Clarence Bolinger, was a passenger in the truck driven by Oliver Morgan and involved in accident with William E. Search's car about 1 mile north of Waveland, Ind., at 9 a. m., June 24, 1938. 2. On the curve where collision took place Morgan was driving at an estimated speed of 25 miles per hour and struck William E. Search's car head-on, on our left side of the road, or that portion lawfully belonging to the driver of the Search car at the time. 3. Among the passengers injured was Miss Isobel Shanks, age 8, who received a severe fractured skull, 4. All investigation places conclusively the responsibility for the accident against the driver of the truck, Oliver Morgan. CLARENCE BOLINGER. Subscribed and sworn to before me this 31st day of July 1939. [SEAL] BETTIE E. JOHNSON, Notary Public. My commission expires November 4, 1939. To Whom It May Concern: WAVELAND, IND. This is to certify that I, Henry Hickman, town marshal of Waveland, Ind., did on a date prior to June 24, 1938, warn Oliver Morgan in regard to the reckless and dangerous manner in which he was driving Civilian Conservation Corps truck in and around Waveland, Ind. HENRY H. HICKMAN, Town Marshal. Subscribed and sworn to before me this 10th day of July 1939, at Waveland, J. K. MILLIGAN, Notary Public. Ind. [SEAL] My commission expires January 3, 1942. CLAIM FOR DAMAGES Date of accident: June 24, 1938. Hour: 8:45 a. m. Place of accident: County road, about 1 mile north of Waveland, Ind. Accident: Was in automobile owned and driven by William E. Search. Hit by United States Army Civilian Conservation Corps truck, stationed at Civilian Conservation Corps Company, 2579, Camp SCS-3 Waveland, Ind., and driven by Enrollee Oliver Morgan. Person injured: Isobel Shanks, Waveland, Ind., fractured skull. Hospital aid rendered by Dr. J. S. Noblitt, physician, and Dr. H. C. Wallace, surgeon. Amount of claim: For personal injury, $10,000. FRANK E. SHANKS, Claimant-Father of Isobel Shanks, Minor. Subscribed and sworn to before me this 6th day of July 1938, at Waveland, Ind. [SEAL) THEO N. JOHNSON, Notary Public. My commission expires September 10, 1942. STATE OF INDIANA, Montgomery County, ss: In the Justice of the Peace Court of Brown Township, Montgomery County, Ind. The State of Indiana v. Oliver Morgan. Affidavit for reckless driving James J. Gilliland, being duly sworn upon his oath, says he is informed and verily believes that at and in the county of Montgomery, and the State of Indiana, on the 24th day of June 1938, one Oliver Morgan did then and there, to wit, on the county highway running on a northerly direction from the town of Waveland, and at a distance of about 1 mile, operate a motor vehicle in a reckless and dangerous manner so as to endanger the life, limb, and property of persons using said highway by driving on that side of the highway which is to the left of the operator, the same being unlawful, and wanted and brought into the court of the Justice of Peace Ben Canine on the 20th day of July. Said defendant pleaded guilty to the above charge and was fined $1 and costs; total $5.50; contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Indiana. [SEAL] BEN C. CANINE. Subscribed and sworn to before me this 6th day of July 1939. [SEAL] My commission expires January 25, 1941. ETHEL S. CANINE, Notary Public. |